Plant Breeder s Rights
[No. IS of2007 265
(b) the royalty payable in respect of the exploitation of the
licence;
(c) the information to be furnished to the holder of the relevant
plant breeder's rights regarding the extent to which the
licence is being exploited;
(d) the period ofvalidity ofthe licence, which shall not exceed
the term of the relevant breeder's rights;
(e) the punitive measures applicable with reference to any
conditions which is not complied with; and
(f)any other matter which the parties may agree to.
(4) The holder of a plant breeder's rights shall, within fourteen
days of the grant of a licence, notify the Registrar of the details
and particulars of the licence and shall furnish the Registrar with a
copy of the licence.
44. (1) A person may apply to the Registrar for the grant of a
compulsory licence to a plant breeder's rights where-(a) the person is aggrieved with the refusal by the holder of
the plant breeder's rights to grant that person a licence;
(b) the holder of the plant breeder's rights has imposed an
unreasonable condition for the issuance of a licence; or
(c) the person has reasonable grounds to believe that the
reasonable requirements of the public for seed or other
propagating material of the variety are not being met or
will not be met.
(2) An application for a compulsory licence shall be made in
the prescribed manner upon payment of a prescribed fee.
(3) The Registrar shall, within seven days of receipt of an
application under subsection (1), furnish the holder of the plant
breeder's right in respect of which the application is made with a
copy of the application and the particulars accompanying the
application.
(4) The holder of any plant breeder's rights in respect of which
an application is made under subsection (1) may object to the
application within fourteen days ofthe notification ofthe application.
(5) The Registrar shall, where a holder of the plant breeders
rights lodges an objection under subsection (4)(a) furnish the applicant for a compulsory licence with a
copy of the objection;
(b) set a date for the hearing of the application and notify the
applicant and the holder of the plant breeder's rights.
Application
for
compulsory
licence